Questions & Answers - Legal Advice Middle East

Clearing a case for a loan or credit card after payment of fine

Q: Is it true that the new rules say that paying a fine (which is 10% of the total loan) for not paying loans/credit card or bounced cheques will get someone cleared from loan/debt cases? After paying the fines, will a police clearance be issued and there is no more obligation to pay the previous loan amount now? If for example, someone owes the bank a total of AED 35000 late payments and interest, the person only pays a fine of AED 3500 and the case is cleared?

Acting against a civil case for a bounced cheque

Q: Salaam Alaikum The bank bounced a cheque of AED 103,000 for my business partner and filed a criminal case. My partner has already paid "more" than the cheque amount of AED 106,585. We have full proof. Only AED 53,000 was outstanding - this is mostly interest, legal charges, late charges and fines. The rest is all paid properly. Unfortunately, this year his business had a lot of losses. As he was unable to pay the full amount, as per new Dubai laws and Police, he paid 10,000 AED fine and got the criminal case removed by the public prosecutor a few days ago. Now, the bank told him they will file a civil case. What happens now? How many weeks will it take to get a court hearing and what`s his recourse?

Filing criminal and civil cases for a bounced cheque

Q: I had lent AED 56K to a person in Dubai. His cheque given to me has bounced for insufficient funds. If I file a police case against him, will he pay a nominal fine in the court & be free? Actually, this way he has done many cases like that. My issue is how to recover my money from him. Can I file a civil case against him? What is the procedure for filing a civil case? After filing the police complaint, the cheque will remain in the police file, then can I file a civil case without the bounced cheque? Can I file a civil case simultaneously with the police case?

التبعات القانونية لعدم سداد مستحقات بطاقة ائتمانية

س: أنا مدين لأحد البنوك الإماراتية بـمبلغ بطاقة ائتمانية بقيمة 22.000 درهم مستحقة السداد، آخر قسط دفعته كان ١١ /٢٠١٤. ثم فقدت وظيفتي ورتبت السكن والسيارة وبطاقه ائتمانية في بنك آخر و لم أستطع تسديد هذه البطاقة وحاولت التسوية علي أقساط ولكنهم رفضوا إلا كامل المبلغ. الآن أنا تزوجت وأعيش في أمريكا ويفترض أنهم رفعوا دعوى قضائية في الإمارات. هل هناك اَي مشاكل و هل بإمكانهم االتسبب بأي أذى لي في أمريكا؟ هل أستطيع السفر إلى بلدي سوريا أم يمكنهم القبض علي في المطار ولا أستطيع دخول البلاد؟

Medical negligence and a lawsuit for compensation

Q: Hi, I had a treatment with a machine called HIFU to treat the wrinkles on my forehead, the treatment was so painful, and immediately after, I had 2 large depression on both sides on my forehead and a vertical line in the middle. The company denied their mistake and they are ignoring my calls since the 26th of July 2018. Please note that I was not given any consent form to sign. After consulting a dermatologist, he confirmed that I had an atrophy fat melting and muscle oedema due to this treatment and I have a medical report. I have taken a picture before and immediately after. Kindly let me know what to do. Regards,

The legal consequences on a person facing a civil case

Q: Hello, What do I need to do if I found out that I have a civil case? Can I work in Dubai even if I have a civil case?

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Immigration fraud and taking a legal action for refund

Q: Hi. This is Arun from Thailand. I need a legal opinion from your concern regarding the cheating faced from a UAE-based firm named R. I. In January 2017, my wife signed an agreement with them regarding a job offer letter to Canada. The total fees they asked for were AED 7000, but for the initial payment, I paid AED 4000 to them. They said it will take 6 months. In January 2018, they told me that presently they aren’t able to do the job offer for me because there is no current openings. After that, they gave me one more offer that they have for an Atlantic immigration program to Canada. In this case, I also believed them and they started the program. Then only I came to know that they didn’t even know how to fill the immigration application. So I told them to stop the processing and refund me the full amount on last April, but till now, they didn’t refund and they are keep on postponing. I thought to file a case against them, so I am requesting you to give me an advice on the same.

Penalty of a bounced cheque and claiming the amount

Q: Hi, I wanted to know regarding a bounced cheque. I filed a complaint against my tenant on a bounced cheque of AED 18750 at Jebel Ali police station. Now, the police are saying that your case is clear. What does this mean and what’s the penalty for the bounced cheque? Did the police keep his passport? How can I get back my rent? With regards.

Lifting a travel ban after the payment of Etisalat bill

Q: If I pay my Etisalat or DU bill amount, will travelling be allowed or no?

Removing the travel ban after paying Etisalat bill

Q: I have a pending amount to pay to Etisalat and they have banned me from travel. So, if I pay all the money, will they remove the travel ban or I need to remove the travel ban? If yes, how much will it cost to remove the travel ban?

Possibility of filing a divorce case from outside the UAE

Q: My friend is facing so much mental torture from her husband, as a result, she doesn`t want to live with him and she plans to go back to her country and file a divorce and complaint against him and his family as they are also involved. Does she need to complain in Abu Dhabi as well against him before leaving the country to make the case strong?? She has a 1-year old kid, she doesn`t have a family here and doesn`t want to get involved in any case here. She is booking her ticket by herself as her husband is not booking her a ticket. Can she go by informing and mentioning her condition over here in the embassy and take action from his own country for her husband?

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Filing a case for defamation by the ex-employer

Q: My ex-employer put a criminal case on me and I was in custody for 3 days, and finally, the prosecutor closed my case saying there`s lack of evidence. Now, this employer is taking my case as a reference to spoil my reputation in the market. She is going to all clients telling them I am a criminal and not to talk to me and work with me. She did this when my case was open and even now she continued to do same. I am very disturbed and no one is ready to give me a job because of this. I have proof that she sent emails stating I am a criminal. I want to file a case against her, can I do this as per the UAE law?

سلطة المحكمة بالحكم في مضار الجوار المألوفة وغير المألوفة

س: السلام عليكم أخ أحمد أنا مواطن أردني، قدمت شكوى في المحافظة بحق جار لي يبني بيته على حد الصفر ويفتح نوافذ تكشف بيتي. وبعد تحويلي للبلدية والكشف تبين أنه مخالف لأحكام البناء والتنظيم. ولكن اقتصرت إجراءات المحافظة على توقيع المشتكى عليه على تعهد فقط بتصويب الوضع. ماذا أفعل وكيف ألزم المشتكى عليه بإغلاق النوافذ؟ لك كل الشكر والتقدير

Liability of family members for the debts of the father

Q: If I have left the UAE without clearing my credit cards, can the banks pressurise my adult daughter working & staying in the UAE?

مدى شمول قانون العفو العام للأحكام الإدارية

س: السلام عليكم في حال صدور العفو العام هل تسقط الكفالات العدلية والمالية الموقعة في المحافظة؟

الخطوات القانونية المتبعة قبل فصل العامل

س: السلام عليكم سيتم الاستغناء عني من الشركة بالإنذار الثالث؟ هل عدم توقيعي على استلام أي إنذار يثبت الإنذار بحقي؟ وهل الشكوى العمالية لدى مكتب العمل، بإسناد مهام إدارية ومالية وغيرها يفيدني مستقبلاً بالدعوى القضائية؟